What are our rights for installing cameras in rented home without lease agreement in CA?

Question

I have been renting a home with my father-in-law for 15 years. Recently, the landlord brought a woman to live in the house without our agreement, and she is causing problems. We've installed cameras for security, which do not show inside her room or the bathroom, and the audio is off. She is accusing us of harassment, stalking, and republishing her videos and seems to be taking us to court over these issues. We don’t have a lease agreement, and the landlord appears to support her actions. How should we handle this situation legally, and are we wrong for installing cameras in the rental property?

Dan Rowan Cortright · Answer

The first issue to be addressed is the landlord's allowing a person to reside in the unit without your permission. As tenants, you have the exclusive right to occupy the unit, whether your rental agreement is oral or written. So the landlord may not just bring someone to live with you without your permission.  
 
The second issue is more complicated. It is illegal in CA to record someone without their permission where they have a reasonable expectation of privacy. This other occupant has a claim that she has a reasonable expectation of privacy, at lease in her room/bathroom. The common/shared areas are a bit more cloudy regarding reasonable expectation of privacy. However, given that she's there without your permission, the bigger problem to address is the landlord's violation of your exclusive right of possession of the unit. Once you win either a court fight or have an attorney send him/his attorney a demand letter in that regard, the camera issue should be moot.

James L. Arrasmith · Answer

You’re technically a tenant at will in California, and even without a written lease you still have a reasonable expectation of privacy when it comes to private spaces like bedrooms and bathrooms. 
 
Because your cameras don’t capture inside her room or the bathroom and you’ve turned off audio recording, you’re likely within your rights to monitor common areas for security. However, California law requires all parties to consent to any audio recording, so leaving audio off was necessary—and you need to be sure the camera’s field of view can’t accidentally capture private moments. 
 
It would help to have a candid conversation with your landlord and the new occupant about why the cameras are there and where they point. If the woman continues to accuse you of harassment or stalking, keep a log of her statements and any interactions you have about the cameras. 
 
If she still threatens legal action, consider consulting a local attorney to review the specifics of your situation and potentially send a written notice clarifying your intent to respect her privacy. In the meantime, document everything and aim to work out a respectful arrangement with everyone sharing the house.

Q: What are our rights for installing cameras in rented home without lease agreement in CA?